Activities of Eva LICHTENBERGER related to 2008/0062(COD)
Plenary speeches (2)
Cross-border enforcement in the field of road safety (debate)
Cross-border exchange of information on road safety related traffic offences
Shadow reports (1)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council facilitating the cross-border exchange of information on road safety related traffic offences PDF (303 KB) DOC (417 KB)
Legal basis opinions (0)
Amendments (16)
Amendment 29 #
Proposal for a directive
Title 1
Title 1
DIRECTIVE 2011/…/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of facilitating the cross- border exchange of information onand enforcement in the field of road safety related traffic offences
Amendment 30 #
Proposal for a directive
Citation 1
Citation 1
– having regard to the Treaty on the Functioning of the European Union, and in particular to Articles 87(2) thereofand 91(1)(c), ,
Amendment 33 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The Commission should propose in the future further measures on facilitating cross-border enforcement of road traffic infringements, in particular those related to serious traffic accidents and sanctioned with a penalty of not less than EURO 70 .
Amendment 34 #
Proposal for a directive
Recital 3
Recital 3
(3) In order to improve road safety throughout the Union and to ensure equal treatment of drivers, namely resident and non-resident offenders, enforcement should be facilitated irrespective of the Member State of registration of the vehicle. To this end, a system of cross-border exchange of information and enforcement should be put in place for certain identified road safety related traffic offences, regardless of their administrative or criminal nature under the law of the Member State concerned, granting the Member State of the offence access to vehicle registration data (VRD) of the Member State of registration.
Amendment 46 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive aims to ensure a high level of protection for all road users in the Union by facilitating the cross-border exchange of information and enforcement on road safety related traffic offences and thereby the enforcement of sanctions, where those offences are committed with a vehicle registered in a Member State other than the Member State where the offence took place.
Amendment 47 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
Amendment 48 #
Proposal for a directive
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) not paying the road pricing fee, as imposed by the respective authorities;
Amendment 50 #
Proposal for a directive
Recital 6
Recital 6
(6) In order to ensure its effectiveness, the system of enforcement should cover the phases between the detection of an offence and the sending of an offence notification, based on a standard model, to the holder of the registration certificate of the vehicle concerned or the driver. Once a final decision has been taken, the Council Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties applies. A minimum standard ought to be introduced for offence notifications, including response notices, and for more compatible methods of sending them so that enforcement becomes more reliable and more efficient.
Amendment 56 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes a system to facilitate the cross-border enforcement of sanctions for the following road traffic offences: (a) speeding, (b) drink-driving subject to a fixed penalty of at least EUR 70: (a) speeding, (aa) aggressive driving and reckless overtaking, (b) drink-driving, driving under the influence of medicines or drugs in so far as that endangers safety, (c) non-use of a seat-belt, (d) failing to stop at a red traffic light.
Amendment 58 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Offence notification and enforcement Any financial penalty imposed under this Directive shall be non discriminatory in terms of nationality and shall be imposed by means of the notification and enforcement mechanisms applicable under the law of the State of offence.
Amendment 61 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
The provisions on data protection set out in the Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters9 shall apply to personal data processed under this Directive. They shall ensure that the data transmitted is treated confidentially and that the data subject is aware of his/her rights of access, rectification and deletion of his/her personal data and prevent any personal data gathered under this Directive from being used for purposes other than those specifically related to road safety.
Amendment 73 #
Proposal for a directive
Article 2 – point a a (new)
Article 2 – point a a (new)
(aa) "driver" means the person driving the vehicle concerned, without necessarily being the holder;
Amendment 91 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2 a (new) Road Safety guidelines in the EU Member States shall implement, without prejudice to stricter policies and legislation in Member States, minimal guidelines for road traffic offences, with the aim of reducing them considerably. These guidelines shall be adopted in line with the regulatory procedure with scrutiny referred to in Article 8(3). Member States shall ensure that at least 20 % of drivers can be controlled annually on speed and alcohol-driving limits. They shall introduce targeted breath testing to complement enforcement based on suspicion and that controls become more effective where the likelihood of offences being committed is quite high.. For Member States where less than 80 % of the population wear seat belts, intensive control operations shall be carried out for at least four weeks a year.
Amendment 92 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The competent authority in the State of residence shall transmit immediately the following information only to the competent authority in the State of offence: (a) the make and model of the vehicle which has the registration number concerned; (b) in cases where the holder of the registration certificate or the driver of the vehicle concerned is a natural person, the name, address, date and place of birth; (c) in cases where the holder of the registration certificate or the driver of the vehicle concerned is a legal person, the name and address.
Amendment 93 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The competent authorities of the other Member States shall not store the information sent by the State of offenceInformation exchange with regard to the processing of personal data and the free movement of data in this connection shall take place in compliance with Directive 95/46/EG. The competent authorities of the other Member States shall not store the information sent by the State of offence; it shall be set solely for the purpose of the Directive, and, upon conclusion of proceedings, all data must be demonstrably deleted.
Amendment 95 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take all necessary measures to ensure that the exchange of information described in Article 3 is carried out by electronic means. For this purpose, Member States shall take all necessary measures to ensure that their existing electronic systems within the European Union are made interoperable or that an EU electronic network based on common rules is set up no later than 12 months after the date mentioned in Article 9 (1).